The Master Builders OHS Unit has received a number of calls from subcontractors asking for advice after their employees have been refused entry to sites on the basis that they obtained their Construction Induction (White Cards) online.

Master Builders is aware that the CFMEU have issued instructions to Health and Safety Representatives to refuse workers entry to sites where they have obtained their white cards online.

There is a range of Registered Training Organisations (RTOs) across Australia that provide CI training. There are shared concerns in the industry that there are some RTOs delivering the training online who are not verifying the identification of the persons undertaking the training or assuring themselves that the person completing the training is actually who they say they are. It is alleged that there are some training providers providing the CI cards after a one-hour online delivery.

Members need to be aware that it is offence under Regulation 5.1.24 of the Victorian OHS Regulations 2007 to refuse to recognise Construction Induction (CI) training. Where members allow HSRs, or anyone else, to refuse entry to their sites on the basis that the CI training has been delivered online it needs to be recognised that it is the employer (i.e. builder) who is guilty of the offence.

The issuing of a CI training card is dependent upon RTOs being satisfied that persons undertaking the training have satisfactorily completed the national unit of competency (CPCCOHS1001A). There have been instances where workers who have entered sites have had extremely limited literacy and language skills and members have had serious concerns as to how these persons have obtained their CI cards.

The Construction Property Services Industry Skills Council (CPISIC) recently undertook a review of the national unit of competency for CI training. Master Builders and the CFMEU were involved in the review. An outcome of the review will be that a minimum requirement of six hours face-to-face training will be introduced. It will be sometime, however, before those changes come into effect.

CI training is only the first step in terms of training for the industry. Master Builders, along with other reputable RTOs, offer this course and it meets its objective – enabling learners to demonstrate personal awareness of OHS legislative requirements, and the basic principles of risk management and prevention of injury and illness in the construction industry.

Master Builders urges its members to make careful decisions about where they send their employees to receive formal training.

Master Builders encourages contractors who are being refused entry to a construction site, on this illegitimate safety ground, to defer to the builders issue resolution procedure to resolve the issue. If a satisfactory outcome is not reached – with a current construction induction card recognised and access to the site granted – then you should call WorkSafe Victoria on their advisory line (1800 136 089) and request that they send an inspector to assist and resolve the issue.

Factors that might genuinely be able to be relied upon to refuse entry to a site may include a person’s inability to understand information and instruction provided during an induction or, more importantly, to understand their employer’s safe systems of work (i.e. their SWMS). It should be noted, however, that employers have a duty to provide OHS information in languages and means that are appropriate.

Other suitable ways to tackle this issue might include providing additional supervision, ensuring that safe work method statements are adequate, and increasing the frequency with which conditions at the workplace are monitored by undertaking additional safety inspections or audits.

For further information contact the Master Builders OHS Department on (03) 9411 4555.